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Additional paternity leave query

4 replies

wimblehorse · 20/06/2013 13:33

Does anyone know anything about additional paternity leave?
I am 7 months into my mat leave, was intending to return end Oct after a year off. However DH is having a truly awful time at work & I just today had what we thought May be a brainwave that he could take the last 2 months of my mat leave as additional paternity leave. This would give him a bit of breathing space to figure out what he wants to do. But just done a bit of googling and it looks like I would have to go back by week 37 for him to be entitled to leave. And I/he need to give employers 8 weeks notice of our intentions. Which would have been back in May some time.
Does anyone have experience/expertise in this?
We didn't expect him to be entitled to stat pay but hoped for just some time off?

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flowery · 21/06/2013 08:05

Well you could both ask your employers whether they are prepared to let you back without the right notice and to let him take APL without the right notice, but be prepared that one or both of them might say no.

All you can do really.

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wimblehorse · 21/06/2013 10:01

Thanks for replying flowery.

Unfortunately I doubt either employer would agree to it. Mine as they are tiny & couldn't pay it accommodate me & my maternity cover. His as they are just behaving truly dreadfully to all staff.

Having done a bit more googling, it does seem to be a bit vague whether the 37 week thing is just if he wanted to be paid additional paternity pay & so wouldn't apply if he is just after the leave. Do you have any ideas where I could go for clarification on this?

Thanks

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flowery · 21/06/2013 10:15

Have you checked this government guide? It's pretty clear to be honest. In the eligibility section it does say that leave can be taken between 20 weeks after the birth and your child's first birthday, and must be started by 37 weeks to qualify for pay.

Why would your employer have to pay you and your maternity cover if you go back earlier than originally planned? Unless you were intending to just turn up unannounced they will have plenty of time to give him/her notice, surely?

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wimblehorse · 23/06/2013 19:28

Thanks for replying (again). I hadn' t seen seen that page (but had one of them it links to).

The notice thing was if I needed to be back by 37 weeks, that wouldn't give enough time to give notice to my cover.

I think it's because the HMRC form seems to expect APL and ASPP to go hand in hand & so refers to 37 weeks. Presumably if not applying for ASPP there's no requirement to fill in the form...